The Wilmingtonian., 1887-11-19
A Squire's Court Case.


ever astonished this city. 1t is impossible
to comprehend upon what grounds Squire
Monaghan did not aocede to the arguments |
of City Solicitor ]. Frank Ball.
The law, the facts even simple justice and
equity outside and above technical legal ar
gument as indicated in the story of the case
exemplifjed the extreme righteousness of
Brooks Fosters clai ms.
Indeed upon the revelations of the plain
tiff it was hard to credit him with any indi- |
vidual belief himself in his own claims.
These were based upon a technical point,
trick, or accident by which he boldly as
sumed an invalid claim.
The simple story is that Foster being by
appointment and favor Of the Mayor dog |
catcher to the city told Mr.. Rhoads one day
that in the prosecution of his daily duties
he found that he needed such personal pro-
lection as the star or IS. P" badge affords
policemen. Unsuspiciously and never sup
p ,sng that Eoster had any other intentions
idea than the protection which he prayed for
lis requestwas granted by the Mayor and
F.ster became special constable.
Now it is well. known fact to all who are
in any degree informed up IN police ma tiers
A. III. 81, ,,,I ,e hat
of being short-handed, in other words there
not enough officers enrolled to patrol the
CITY. A large part of his time Foster was
a loafer around the police station. 1t hap
prned on varions' occasions that he made
himself useful in the place Of an office boy,
answering telephone, keeping Office, etc. Gu
some few occasions he did police duty, but
at his own request.
He WAS never earolled nor considered one
OF the force. These are facts which came
out in evidence.
| Yet he demanded $100 from the city for
| uniform which he was not authorized to oh
tain and allowed his attorney to assert that
| ne vas entitled to $50 month as regular
| policeman for the full time since the Mayor
mad him sworn in.
Now whatever the result of his being e1-
amined aud his qualification as police Off
Ger may have been none knew better than
Foster, that neither he nor the Mayor con
templated that Foster should draw salary
for both offices. Indeed, none knew better
than the ex-dogcatcher himself tbaG if he
had even intimated to the Mayor that he had
at the time Of his request any ultimate in
tention of demanding pay as police Officer
on account Of the badge which was giver
him on his own plea that he needed it fol
personal protection as dog-catcher his re
quest would have been thrown out without
hesitation.
But he never intimated anything of the
kind and appeared only too grateful tina
his request was granted. At that time h
was earning, as dog g-oatoher, salary almos
double that of policeman.
! In the consideration of the case at th
squirrels Office perhaps what most astonishe
the onlookers was the statement made b
D Mr.. Monaghan that he would refuse to con
: slider Mr.. Balls evidence that Foster was
; ity official eal ming salary as dogcatcher.
|, No the Squire had nothing to do with that
;, All he should consider was Fosters appea
: as police officer and his right to be recouI
ed as such. Mr.. Monaghan appeared to cor
: >ider that this was fully established and th
!, fact of his receiving municipal salary a
L the same time for other work should not, a
d though the city ordinance as produced
b Mr.. Ball In evidence distinctly made tt
: opp site ruling mandatory, influence IN IL
: least Fosters right to what he claim d.
u Section of the ordinance "An ordinant
'e prvldng for the appoiutmentlf police AM
Il other purposes" says: "They shall N
during their continuance in office, be elig
be to any other office, or engage in al
ether business whatever"
5 Foster was appointed by the Mayor
al dog-ratcher and also sworn in as city co
at stable. Under the ordinance he could n
hold both positions. He elected to serve
Al dor 40 tnhar and narfnrmed his dutips |
ceiving pay every month for raid duties.
x consequence he could rot receive any cor
he pensation in the other capacity.
G. Section AZ, of the city charter gives t
re- Mayor authority to appoint special patrc
is men to do duty at place designated be a
in person asking for such appointment but t
ISL person asking and not the city. is bound f
" the salary of the appointes.
ms Tho Mayor testified that he appoint
Foster ity constable under this section
IL his (Foster's s)request in order that he mig
me protect himself in his capacity as dc
an catcher
NO Section 10 of the ordinance mention
he above also gives the Mayor authority to
I'LL point specials in case of riot or emergenci
,or There was no evidence of this being
cause of his appointment, hence cannot
Section 5. Empowers the Mayor in c
any policeman, through sickness or disa
ith | ;ty hn una hla 70 ,,arform ! 10 duties and